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How to Judge the Accomplished Bribery Crime of Non state Personnel

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How to Judge the Accomplished Bribery Crime of Non state Personnel


        

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  • 2024-05-28 19:00:53

    Sentencing by the court for the crime of non State functionaries taking bribes that has been completed: if a staff member of a company, enterprise or other unit, taking advantage of his position, extorts money or property from others or illegally accepts money or property from others to seek benefits for others, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;

    Impose a fine; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

    [Legal Basis]

    Article 163 of the Criminal Law: Any employee of a company, enterprise or other unit who, taking advantage of his position, extorts money or property from another person or illegally accepts money or property from another person to seek benefits for another person, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;

    If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined.

    Any employee of a company, enterprise or other unit who, taking advantage of his position in economic exchanges and violating State regulations, accepts rebates and service charges of various descriptions and takes them into his own possession shall be punished in accordance with the provisions of the preceding paragraph.

    Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and those assigned to non-state-owned companies or enterprises by state-owned companies, enterprises or other state-owned units;

    And the personnel of other units engaged in public service who commit the acts mentioned in the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.

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